Catherine Murphy (Kildare North, Social Democrats)
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213. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 172 of 16 September 2016, the progress to date on the Murray review of the law on surveillance of journalists; and if he will make a statement on the matter. [42693/17]

Charles Flanagan (Laois, Fine Gael)
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On 3 October 2017 I published the report of Mr. Justice John L. Murray’s Review of the Law on Retention of and Access to Communications Data. The report is available on my Department's website. While the Review was initially commissioned to look at issues concerning access by statutory bodies to communications data of journalists held by communications service providers, Mr. Justice Murray also undertook a very detailed analysis of the law in this area including recent and significant judgments of the European Court of Justice.

I thank Mr. Justice Murray for his work on the review which, I would note, he carried out pro bono. His report provides very valuable advice in this complex and dynamic area of the law.

On 3 October I also published the general scheme of a Communications (Retention of Data) Bill. This proposed new legislation responds to recent judgments of the European Court of Justice and will update the current law in Ireland. In particular I am proposing prior judicial authorisation in all cases where the state seeks access to meta data in the context of investigations.

I have written to the Oireachtas Committee on Justice and Equality to ask it to undertake pre-legislative scrutiny of the general scheme of the Communications (Retention of Data) Bill and I have also forwarded Mr. Justice Murray's report to the Committee in this context.